United States v. James E. Carey

FLAUM, Circuit Judge.

This case involves an appeal by the government of the district court’s downward departure from the Federal Sentencing Guideline’s applicable sentencing range. The defendant, James E. Carey, pled guilty to the execution of a scheme and artifice to defraud a bank in violation of 18 U.S.C. § 1344. The presentencing report calculated the defendant’s sentencing range for custody as 12 to 18 months imprisonment under the Sentencing Reform Act. While accepting this calculation of the applicable sentencing range as accurate, the district court departed downward from the…